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New South Wales
Personal Property Securities
(Commonwealth Powers) Amendment
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Registration of Interests in Goods Act 1986
No 37 and associated regulations 2
4 Repeal of Security Interests in Goods Act 2005 No 69 2
Schedule 1 Amendment of Personal Property Securities
(Commonwealth Powers) Act 2009 No 35 3
Schedule 2 Amendment of other Acts 17
b2009-145-94.d09
New South Wales
Personal Property Securities
(Commonwealth Powers) Amendment
Bill 2009
No , 2009
A Bill for
An Act to amend the Personal Property Securities (Commonwealth Powers) Act
2009 to make provision for matters of a savings or transitional nature consequent on
the referral of matters by that Act to the Parliament of the Commonwealth; and to
make related amendments to other legislation.
Personal Property Securities (Commonwealth Powers) Amendment
Clause 1 Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Personal Property Securities (Commonwealth Powers) 3
Amendment Act 2009. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as 6
provided by subsection (2). 7
(2) Sections 3 and 4 and Schedule 2.1-2.3 and 2.5 commence on a day or 8
days to be appointed by proclamation. 9
(3) A day may not be appointed under subsection (2) for the 10
commencement of section 3 or 4 that is earlier than the day on which the 11
registration commencement time (within the meaning of the Personal 12
Property Securities Act 2009 of the Commonwealth) occurs. 13
3 Repeal of Registration of Interests in Goods Act 1986 No 37 and 14
associated regulations 15
The Registration of Interests in Goods Act 1986 and any regulation 16
made under that Act are repealed. 17
4 Repeal of Security Interests in Goods Act 2005 No 69 18
The Security Interests in Goods Act 2005 is repealed. 19
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Personal Property Securities (Commonwealth Powers) Amendment
Bill 2009
Amendment of Personal Property Securities (Commonwealth Powers) Act Schedule 1
2009 No 35
Schedule 1 Amendment of Personal Property 1
Securities (Commonwealth Powers) Act 2
2009 No 35 3
Schedule 1 4
Insert at the end of the Act: 5
Schedule 1 Savings, transitional and other 6
provisions consequent on 7
enactment of Personal Property 8
Securities Act 2009 of the 9
Commonwealth 10
Part 1 Preliminary 11
1 Definitions 12
(1) In this Schedule: 13
Director-General means the Director-General within the 14
meaning of the Registration of Interests in Goods Act 1986. 15
exercise a function includes perform a duty. 16
function includes a power, authority or duty. 17
General Register of Deeds means the General Register of Deeds 18
kept under Division 1 of Part 23 of the Conveyancing Act 1919. 19
matter includes act, omission, body, person and thing. 20
migration time has the same meaning as in the PPS Act. 21
PPS Act means the Personal Property Securities Act 2009 of the 22
Commonwealth. 23
PPS Register means the Personal Property Securities Register 24
established under the PPS Act. 25
PPS Registrar means the Registrar of Personal Property 26
Securities under the PPS Act. 27
registration commencement time has the same meaning as in the 28
PPS Act. 29
REVS means the Register maintained under the Registration of 30
Interests in Goods Act 1986. 31
the 2009 amending Act means the Personal Property Securities 32
(Commonwealth Powers) Amendment Act 2009. 33
transitional security interest has the same meaning as in the PPS 34
Act. 35
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Personal Property Securities (Commonwealth Powers) Amendment
Bill 2009
Schedule 1 Amendment of Personal Property Securities (Commonwealth Powers) Act
2009 No 35
(2) A reference in this Schedule to an Act or statutory rule that is 1
repealed by the 2009 amending Act is, on and from the day on 2
which the Act or statutory rule is repealed, a reference to the Act 3
or statutory rule as in force immediately before that day. 4
(3) Notes included in this Schedule do not form part of this Act. 5
Part 2 Savings and transitional provisions 6
relating to transfer of functions to 7
Commonwealth 8
Division 1 General 9
2 Provision of information to the Commonwealth 10
(1) The Director-General is specifically authorised to provide the 11
Commonwealth, the PPS Registrar or any other officer of the 12
Commonwealth with such information recorded in, or 13
concerning the use of, REVS as the Director-General considers 14
appropriate in order to assist the Commonwealth in establishing 15
the PPS Register. 16
(2) For the purposes of subclause (1), information recorded in REVS 17
on behalf of another State or a Territory pursuant to an agreement 18
under section 15A of the Registration of Interests in Goods Act 19
1986 may be provided to the Commonwealth, the PPS Registrar 20
or any other officer of the Commonwealth only if the 21
Director-General has been requested to do so by or on behalf of 22
the State or Territory concerned. 23
(3) The Registrar-General is specifically authorised to provide the 24
Commonwealth, the PPS Registrar or any other officer of the 25
Commonwealth with such information recorded in, or 26
concerning the use of, the General Register of Deeds for the 27
purposes of the Security Interests in Goods Act 2005 as the 28
Registrar-General considers appropriate in order to assist the 29
Commonwealth in establishing the PPS Register. 30
(4) The Director-General and Registrar-General may provide the 31
information that they are authorised to provide under this clause 32
in whatever form (including by means of electronic data or in a 33
form approved for the purposes of the PPS Act) as they consider 34
appropriate. 35
(5) Subject to subclause (6), the provisions of this clause prevail to 36
the extent of any inconsistency with the provisions of any other 37
Act or statutory rule. 38
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Personal Property Securities (Commonwealth Powers) Amendment
Bill 2009
Amendment of Personal Property Securities (Commonwealth Powers) Act Schedule 1
2009 No 35
(6) The provisions of this clause are in addition to, and do not 1
derogate from, the provisions of section 9A of the Fair Trading 2
Act 1987. 3
Division 2 Interests to which Registration of Interests in 4
Goods Act 1986 applies 5
3 Interpretation 6
In this Division: 7
existing Act means the Registration of Interests in Goods Act 8
1986. 9
post-PPS transitional period means the period of 7 years 10
commencing at the registration commencement time. 11
pre-PPS transitional period means the period: 12
(a) commencing at the migration time or such earlier time as 13
may be prescribed by the regulations, and 14
(b) ending at the registration commencement time. 15
prescribed goods has the same meaning as in the existing Act. 16
the Minister means the Minister administering the Fair Trading 17
Act 1987. 18
4 Existing Act ceases to have effect at registration commencement 19
time 20
(1) The existing Act ceases to have effect in relation to prescribed 21
goods at the registration commencement time, except as 22
otherwise provided by this Division. 23
(2) If a provision of the existing Act (the primary provision) is 24
continued in effect by this Division: 25
(a) any other provision of the existing Act (a related 26
provision) that is referred to in the primary provision is 27
also continued in effect to the extent necessary for the 28
purposes of the continued application of the primary 29
provision, and 30
(b) any power to make regulations in respect of a matter that 31
is conferred by the primary provision or a related provision 32
is taken to include a power for the matter to be prescribed 33
by regulations made under this Act after the registration 34
commencement time. 35
(3) The regulations under the existing Act as in force immediately 36
before the registration commencement time continue to apply for 37
the purposes of a primary provision or related provision that 38
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Schedule 1 Amendment of Personal Property Securities (Commonwealth Powers) Act
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confers a regulation-making power for a matter under the existing 1
Act until regulations are made under this Act for that matter. 2
(4) This Division has effect: 3
(a) despite anything to the contrary in the existing Act, and 4
(b) in relation to provisions of the existing Act that this 5
Division continues in effect after the registration 6
commencement time even after the existing Act is repealed 7
by the 2009 amending Act. 8
Note. Section 3 of the 2009 amending Act provides for the repeal of the 9
existing Act on a day appointed by proclamation (being a day that is not 10
earlier than the day on which the registration commencement time 11
occurs). 12
5 Director-General may refuse to exercise registration functions 13
(1) Subject to clause 6, the Director-General may refuse to exercise 14
a registration function during the pre-PPS transitional period. 15
(2) Without limiting subclause (1), the Director-General may refuse 16
to exercise a registration function during the pre-PPS transitional 17
period in relation to a matter that was not finally determined or 18
concluded immediately before the commencement of that period. 19
(3) In this clause: 20
registration function means any function conferred or imposed 21
on the Director-General by or under: 22
(a) section 5, 6, 7 or 16A of the existing Act, or 23
(b) any other provision of the existing Act concerning 24
registration or REVS as may be prescribed by the 25
regulations. 26
6 Show cause proceedings under section 7 of existing Act 27
(1) This clause applies to the following matters: 28
(a) a notice given to a person by the Director-General under 29
section 7 (3) of the existing Act that is in force 30
immediately before the registration commencement time if 31
the period specified in the notice had not yet expired by 32
that time (an existing show cause notice), 33
(b) the cancellation of the registration of an interest by the 34
Director-General following the giving of a notice to a 35
person under section 7 (3) of the existing Act if the person 36
has a right to apply to the Administrative Decisions 37
Tribunal for a review of the cancellation immediately 38
before the registration commencement time (an existing 39
reviewable cancellation decision), 40
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Personal Property Securities (Commonwealth Powers) Amendment
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(c) an application to the Administrative Decisions Tribunal 1
for the review of a decision of the Director-General 2
following the giving of a notice under section 7 (3) of the 3
existing Act to cancel the registration of an interest if the 4
application is pending, but not finally determined, 5
immediately before the registration commencement time 6
(an existing review application). 7
(2) An existing show cause notice may be dealt with under the 8
existing Act as if the power of the Director-General under 9
section 7 (4) of that Act to decide whether to cancel the 10
registration of the interest were a power to decide whether the 11
registration should have been cancelled had the Act continued in 12
effect. 13
(3) An existing reviewable cancellation decision may be the subject 14
of an application for review to the Administrative Decisions 15
Tribunal, and may be dealt with by the Tribunal, under the 16
existing Act as if the right to seek the review of the decision of 17
the Director-General to cancel the registration of the interest were 18
a right to seek a review of a decision of the Director-General that 19
the registration should have been cancelled had the Act continued 20
in effect. 21
(4) An existing review application may be determined by the 22
Administrative Decisions Tribunal under the existing Act as if 23
the jurisdiction of the Tribunal to review the decision of the 24
Director-General to cancel the registration of the interest were 25
jurisdiction to review a decision of the Director-General that the 26
registration should have been cancelled had the Act continued in 27
effect. 28
(5) The Director-General may, if satisfied that a matter to which this 29
clause applies has been finalised, provide the PPS Registrar with 30
a written notice (based on the results of the finalisation of the 31
matter) stating the following: 32
(a) the nature of the matter that has been finalised, 33
(b) whether or not the interest to which the matter related 34
should have been registered in REVS, 35
(c) whether or not the interest should be treated as a migrated 36
security interest for the purposes of the PPS Act. 37
Note. The PPS Registrar has power under the PPS Act to remove 38
migrated data that has mistakenly been included in the PPS Register. 39
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7 Search certificates and notices 1
(1) The provisions of section 8 of the existing Act continue to apply 2
after the registration commencement time in relation to any 3
certificate issued under that section before that time. 4
(2) The Director-General may continue to issue certificates under 5
section 8 (5) of the existing Act during the post-PPS transitional 6
period as to the state of REVS in relation to goods at any time in 7
the 7 years before the registration commencement time. 8
(3) The provisions of section 8 (6)-(9) of the existing Act, in their 9
application to certificates under section 8 (5), continue to apply 10
to certificates issued as provided by subclause (2). 11
(4) The regulations may make provision for or with respect to the 12
issue of certificates under section 8 (1) of the existing Act during 13
the pre-PPS transitional period. 14
(5) Regulations made for the purposes of subclause (4) prevail to the 15
extent of any inconsistency with the provisions of the existing 16
Act. 17
8 Enforcement of interests in prescribed goods 18
Subject to Chapter 9 (Transitional provisions) of the PPS Act: 19
(a) sections 9 and 10 of the existing Act continue to apply to 20
purchases that occurred before the registration 21
commencement time, and 22
(b) sections 3B, 10A and 11 of the existing Act continue to 23
apply in relation to: 24
(i) transitional security interests in prescribed goods, 25
and 26
(ii) any other interests in prescribed goods that arose 27
before the registration commencement time. 28
Note. Chapter 9 of the PPS Act makes provision for matters of a 29
transitional nature in relation to the commencement of the provisions of 30
that Act. The PPS Act will start to apply to security interests in personal 31
property (including transitional security interests) at the registration 32
commencement time. 33
Section 308 of the PPS Act defines a transitional security interest to 34
be a security interest provided for by a transitional security agreement if: 35
(a) in the case of a security interest arising before the registration 36
commencement time--the PPS Act would have applied in 37
relation to the security interest immediately before the 38
registration commencement time, but for section 310 (which 39
provides for the Act to start to apply at that time), or 40
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(b) in the case of a security interest arising at or after the registration 1
commencement time: 2
(i) the transitional security agreement as in force 3
immediately before the registration commencement time 4
provides for the granting of the security interest, and 5
(ii) the PPS Act applies in relation to the security interest. 6
A transitional security agreement is an agreement or act by which a 7
security interest of a kind to which the PPS Act applies is created, arises 8
or is provided for and that was in force immediately before the 9
registration commencement time. 10
9 Compensation provisions under existing Act 11
(1) The provisions of sections 13 and 14 of the existing Act continue 12
to apply after the registration commencement time in relation to 13
the determination of compensation for loss sustained in 14
connection with an application for registration of a registrable 15
interest (within the meaning of that Act) that was made before 16
that time. 17
(2) The provisions of section 15 of the existing Act continue to apply 18
in relation to decisions of the Director-General made before the 19
registration commencement time. 20
10 Offences under existing Act 21
The provisions of the existing Act continue to apply after the 22
registration commencement time in relation to offences 23
committed, or alleged to have been committed, before that time. 24
11 Fees and charges payable under existing Act 25
(1) The following fees and charges remain recoverable by the 26
Director-General in a court of competent jurisdiction after the 27
registration commencement time: 28
(a) any fees or charges that were payable under the existing 29
Act immediately before that time, 30
(b) any fees or charges for which the Director-General may 31
require payment under subclause (2). 32
(2) After the registration commencement time, the Director-General 33
may require payment by an account customer (within the 34
meaning of section 16A of the existing Act) of any fees and 35
charges that would have been payable under arrangements made 36
under the existing Act for a matter arising before that time had the 37
Act continued in effect. 38
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12 Agreements under section 15A of existing Act 1
(1) Any agreement in force under section 15A of the existing Act 2
immediately before the registration commencement time 3
continues to have effect after that time in respect of matters 4
arising before that time. 5
(2) Section 15A (2) of the existing Act continues to have effect for 6
this purpose. 7
13 Funding arrangements 8
(1) The Registration of Interests in Goods Account established under 9
section 11 of the existing Act is abolished at the registration 10
commencement time. 11
(2) The Director-General may, by order in writing, direct that any 12
money standing to the credit of that Account on the date of its 13
abolition be applied for any of the purposes referred to in 14
section 11 (5) of the existing Act. 15
(3) For the purposes of subclause (2), a reference to the existing Act 16
in section 11 (5) of that Act is taken to include a reference to this 17
Division and the provisions of the existing Act that are continued 18
in effect by this Division. 19
14 Delegations by Director-General 20
(1) The Director-General may delegate the following functions of 21
the Director-General to appropriate persons: 22
(a) a function under this Schedule (apart from this power of 23
delegation), 24
(b) a function under any provision of the existing Act that 25
continues to have effect after the registration 26
commencement time by operation of this Division. 27
(2) The following are appropriate persons for the purposes of 28
subclause (1): 29
(a) a person engaged in the administration of the existing Act, 30
(b) a person engaged in the administration of any other Act 31
administered by the Minister. 32
(3) A delegation that is in force immediately before the registration 33
commencement time in relation to a provision of the existing Act 34
that continues to have effect after that time by operation of this 35
Division has effect as a delegation under this clause until it is 36
revoked by the Director-General. 37
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Personal Property Securities (Commonwealth Powers) Amendment
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Division 3 Interests to which Security Interests in 1
Goods Act 2005 applies 2
15 Interpretation 3
In this Division: 4
agricultural goods mortgage, aquaculture fish mortgage, crop 5
mortgage and stock mortgage have the same meanings as in the 6
existing Act. 7
existing Act means the Security Interests in Goods Act 2005. 8
goods has the same meaning as in the existing Act. 9
pre-PPS transitional period means the period: 10
(a) commencing at the migration time or such earlier time as 11
may be prescribed by the regulations, and 12
(b) ending at the registration commencement time. 13
16 Existing Act ceases to have effect at registration commencement 14
time 15
(1) The existing Act ceases to have effect in relation to goods at the 16
registration commencement time, except as otherwise provided 17
by this Division. 18
(2) If a provision of the existing Act (the primary provision) is 19
continued in effect by this Division: 20
(a) any other provision of the existing Act (a related 21
provision) that is referred to in the primary provision is 22
also continued in effect to the extent necessary for the 23
purposes of the continued application of the primary 24
provision, and 25
(b) any power to make regulations in respect of a matter that 26
is conferred by the primary provision or a related provision 27
is taken to include a power for the matter to be prescribed 28
by regulations made under this Act after the registration 29
commencement time. 30
(3) This Division has effect: 31
(a) despite anything to the contrary in the existing Act, and 32
(b) in relation to provisions of the existing Act that this 33
Division continues in effect after the registration 34
commencement time even after the existing Act is repealed 35
by the 2009 amending Act. 36
Note. Section 4 of the 2009 amending Act provides for the repeal of the 37
existing Act on a day appointed by proclamation (being a day that is not 38
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Schedule 1 Amendment of Personal Property Securities (Commonwealth Powers) Act
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earlier than the day on which the registration commencement time 1
occurs). 2
17 Registrar-General may refuse to exercise registration functions 3
(1) The Registrar-General may refuse to exercise a registration 4
function during the pre-PPS transitional period. 5
(2) Without limiting subclause (1), the Registrar-General may refuse 6
to exercise a registration function during the pre-PPS transitional 7
period in relation to a matter that was not finally determined or 8
concluded immediately before the commencement of that period. 9
(3) In this clause: 10
registration function means any function conferred or imposed 11
on the Registrar-General by or under a provision of the existing 12
Act relating to the registration of instruments for the purposes of 13
the existing Act. 14
18 Agricultural goods mortgages 15
(1) Nothing in this Division is intended to affect the continued 16
validity and enforceability of any agricultural goods mortgage 17
that is in effect immediately before the time when the existing 18
Act ceases to apply to agricultural goods by operation of 19
clause 16. 20
(2) Any instrument executed before the registration commencement 21
time that has not been (but could have been) registered under the 22
existing Act as an agricultural goods mortgage immediately 23
before the registration commencement time is taken to have had 24
effect as an agricultural goods mortgage immediately before that 25
time. 26
(3) Any instrument executed before the registration commencement 27
time that has not been (but could have been) registered under the 28
existing Act as a variation, renewal, assignment or discharge of 29
an agricultural goods mortgage immediately before the 30
registration commencement time is taken to have effect as such 31
immediately before that time. 32
(4) This clause has effect subject to Chapter 9 (Transitional 33
provisions) of the PPS Act. 34
19 Enforcement of interests in goods 35
(1) Subject to Chapter 9 (Transitional provisions) of the PPS Act, the 36
existing enforcement provisions continue to apply in relation to: 37
(a) transitional security interests in goods, and 38
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(b) any other security interests in goods (within the meaning 1
of the existing Act) that arose before the registration 2
commencement time. 3
Note. See the note to clause 8. 4
(2) In this clause: 5
existing enforcement provisions means the following provisions 6
of the existing Act: 7
(a) in relation to crop mortgages--sections 8-11, 8
(b) in relation to stock mortgages--section 14, 9
(c) in relation to aquaculture fish mortgages--section 16, 10
(d) in relation to agricultural goods mortgages--section 19, 11
(e) Division 4 of Part 3. 12
20 Offences under section 32 of the existing Act 13
The provisions of the existing Act continue to apply after the 14
registration commencement time in relation to offences 15
committed, or alleged to have been committed, under section 32 16
of that Act before that time. 17
21 Fees payable for registration 18
Any fee that was payable under the Conveyancing Act 1919 for 19
the registration of an instrument for the purposes of the existing 20
Act immediately before the registration commencement time 21
continues to be payable under that Act. 22
Part 3 Miscellaneous 23
22 Compensation not payable in respect of PPS transitional matters 24
(1) Compensation is not payable by or on behalf of: 25
(a) the State or an authority of the State, or 26
(b) an officer, employee or agent of the State, 27
for an act or omission that is a PPS transitional matter or that 28
arises (directly or indirectly) from a PPS transitional matter. 29
(2) Subclause (1): 30
(a) applies only in respect of acts done or omitted to be done 31
in good faith, and 32
(b) does not apply to acts or omissions that cause personal 33
injury to a person or the death of a person, and 34
(c) does not limit the operation of clause 9. 35
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(3) In this clause: 1
compensation includes damages and any other form of monetary 2
compensation. 3
PPS transitional matter means any of the following: 4
(a) the provision of information to the Commonwealth, the 5
PPS Registrar, any other officer of the Commonwealth or 6
any other person for the purpose of assisting the 7
Commonwealth in establishing the PPS Register, 8
(b) a refusal by the Director-General or the Registrar-General 9
to exercise a registration function as provided by clause 5 10
or 17 respectively, 11
(c) the administration of this Act or the regulations, 12
(d) the exercise of functions under this Act or the regulations. 13
23 Implied power to make declarations that licences etc not personal 14
property 15
A power conferred by an Act on any person or body to make a 16
statutory rule that grants or confers, or provides for the granting 17
or conferral of, a licence or other State statutory right includes the 18
power to declare that the licence or right is not personal property 19
for the purposes of the PPS Act. 20
Note. The terms licence and State statutory right are defined by 21
section 3 of this Act. 22
24 Regulations 23
(1) The Governor may make regulations, not inconsistent with this 24
Act, for or with respect to any matter that by this Act is required 25
or permitted to be prescribed or that is necessary or convenient to 26
be prescribed for carrying out or giving effect to this Act. 27
(2) Without limiting subclause (1), the regulations may declare a 28
matter to be an excluded matter for the purposes of section 259 of 29
the PPS Act in relation to: 30
(a) the whole of the PPS Act (or an instrument made under 31
that Act), or 32
(b) a specified provision of the PPS Act (or an instrument 33
made under that Act), or 34
(c) the PPS Act (or an instrument made under the PPS Act), 35
other than a specified provision, or 36
(d) the PPS Act (or an instrument made under the PPS Act), 37
otherwise than to a specified extent. 38
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(3) Without limiting subclauses (1) and (2), the regulations may 1
contain provisions of a savings or transitional nature consequent 2
on the enactment or making of the following Acts and 3
instruments: 4
(a) this Act, 5
(b) the 2009 amending Act, 6
(c) the PPS Act or any Act or instrument of the 7
Commonwealth that amends the PPS Act. 8
(4) If the regulations so provide, any provision referred to in 9
subclause (3) may: 10
(a) have effect despite any specified provision of this 11
Schedule, and 12
(b) take effect from the date of assent to the Act or the making 13
of the instrument concerned or a later date. 14
(5) To the extent to which any such provision takes effect from a date 15
that is earlier than the date of its publication on the NSW 16
legislation website, the provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than 18
the State or an authority of the State), the rights of that 19
person existing before the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or 21
an authority of the State) in respect of anything done or 22
omitted to be done before the date of its publication. 23
(6) Any matter for which a regulation made under this Act makes 24
provision is taken to be a matter for which a regulatory impact 25
statement is not required for the purposes of the Subordinate 26
Legislation Act 1989. 27
25 Updating of references to Personal Property Securities Act 2009 of 28
the Commonwealth 29
(1) This clause applies to any reference to the Personal Property 30
Securities Act 2009 of the Commonwealth in this Act (other than 31
this clause) or in the 2009 amending Act. 32
(2) Any reference to which this clause applies is to be read as a 33
reference to the Personal Property Securities Act 2010 of the 34
Commonwealth if the Personal Property Securities Bill 2009 that 35
was introduced in the House of Representatives of the 36
Commonwealth Parliament on 24 June 2009 is enacted in the 37
calendar year of 2010 rather than in the calendar year of 2009. 38
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(3) If subclause (2) operates to update references to which this clause 1
applies, the regulations may amend this Act (other than this 2
clause) and the 2009 amending Act to replace references to the 3
Personal Property Securities Act 2009 of the Commonwealth 4
with references to the Personal Property Securities Act 2010 of 5
the Commonwealth. 6
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Personal Property Securities (Commonwealth Powers) Amendment
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Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
2.1 Conveyancers Licensing Act 2003 No 3 2
Section 11 Application to licences of Licensing and Registration 3
(Uniform Procedures) Act 2002 4
Insert at the end of section 11 (3) (h): 5
, and 6
(i) a licence is not transferable. 7
2.2 Motor Vehicle Repairs Act 1980 No 71 8
Section 27A 9
Insert after section 27: 10
27A Transfer or loan of tradesperson's certificate 11
(1) The holder of a tradesperson's certificate must not: 12
(a) transfer, attempt to transfer or lend the certificate to 13
another person, or 14
(b) allow the use of the certificate by another person. 15
(2) A person must not: 16
(a) attempt to obtain the transfer to the person of a 17
tradesperson's certificate, or 18
(b) attempt to borrow, or borrow or use, a tradesperson's 19
certificate of which the person is not the holder. 20
Maximum penalty: 20 penalty units. 21
2.3 Property, Stock and Business Agents Act 2002 No 66 22
Section 13 Transfer or lending of licence or certificate of registration 23
prohibited 24
Insert "transfer," after "must not" in section 13 (1). 25
2.4 Registration of Interests in Goods Act 1986 No 37 26
Section 16A Account customers 27
Insert "(or such other period as may be prescribed by the regulations)" after 28
"60 days" in section 16A (3) (a). 29
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Personal Property Securities (Commonwealth Powers) Amendment
Bill 2009
Schedule 2 Amendment of other Acts
2.5 Valuers Act 2003 No 4 1
Section 10 Application to registration of Licensing and Registration 2
(Uniform Procedures) Act 2002 3
Insert at the end of section 10 (3) (d): 4
, and 5
(e) registration is not transferable. 6
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